The Information Commissioner's Office has today published (2 March 2017) a draft consultation document (called "Consultation: GDPR consent guidance") on what constitutes consent under the GDPR (General Data Protection Regulations which come into force on 28 May 2018). The guidance will be published in May 2017.

In the meantime Human Rights Watch the American Civil Liberties Union have written a joint letter to the EU Commissioner for Justice, Consumer and Gender Equality arguing that, among other things, the executive order of President Trump (Enhancing Public Safety in the Interior of the United States, section 14, which was issued on 25 January 2017) "people in the EU have diminished protection when it comes to limits on dissemination of their personal information, the right to access their private information helf by the US government, and the right ot request corrections to their information".

Given that the predecessor to the Privacy Shield, the Safe Harbor framework, was declared invalid by the European Court of Justice in October 2015, it seems that the Privacy Shield may face challenge in its own right.